 |
On the basis of the fundamental principles of natural law, i.e. the
right of the Slovene nation to self-determination, on the principles
of international law and the Constitution of the Republic of Slovenia,
and on the basis of the absolute majority vote in the plebiscite held
on December 23, 1990, the people of the Republic of Slovenia will no
longer be part of the Socialist Federal Republic of Yugoslavia. On
the basis of an unanimous proposal by all parliamentary parties and
group of delegates and in compliance with the plebiscitary outcome,
the Assembly of the Republic of Slovenia adopted the Constitutional
Act on the sovereignty and independence of the Republic of Slovenia at
the sessions of all its chambers on 25 June 1991.
I.
Prior to the plebiscite on sovereignty and independence, Slovenia
proposed, jointly with the Republic of Croatia, a draft agreement
proposing to the other Yugoslav republics an alliance or a confederacy
of sovereign states, according to which the present member of the
Yugoslav federation would continue to cooperate in the spheres of
economy, of foreign policy and in other areas. The Assembly of the
Republic of Slovenia voted in favour of a sovereign and independent
Republic of Slovenia. Slovenia notified the other Yugoslav republics
and the Yugoslav public of the actions which Slovenia was required to
take on the basis of the plebiscitary outcome. These messages included
the resolution of the Proposal for a Multilateral Dissolution of the
Socialist Republic of Yugoslavia and other initiatives. Slovenia also
proposed to Yugoslavia and the Yugoslav republics, as the constitutive
entities of the Federation, a bilateral dissolution, which would
create two or more sovereign states, which would acknowledge each
other's status as a legal, international entity. Slovenia repeatedly
voiced its readiness to come to an agreement on the permanent and
institutionalized forms of cooperation, including the arrangement of
interrelations in the event of a Yugoslav confederative or economic
community, or some other suitable form of association which would
benefit all its nations and citizens. The proposal for a bilateral
dissolution and the formation of sovereign states was not accepted
within the reasonably allotted time, except by the Republic of
Croatia. The Republic of Slovenia was thus compelled to pass the
Constitutional Act of the Sovereignty and Independence of the Republic
of Slovenia.
II.
The Republic of Slovenia has proclaimed its sovereignty and
independence and has thereby assumed actual jurisdiction over its
territory. Consequently, Slovenia as an international, legal entity,
in the full sense of the term, and in conformity with the principles
of the unification of sovereign states in Europe, seeks association
with other states, membership in the United Nations Organization,
membership in the European community and participation in other
alliances of states or nations. The sovereignty and the independence
of the Republic of Slovenia must be understood as a condition for
entering into new integrational processes within the framework of the
former Yugoslavia and within the European framework. Moreover, the
Republic of Slovenia will strictly adhere to the Founding Document of
the United Nations, to the Declaration and other acts of the
Conference on European Security and Cooperation, as well as to other
international treaties. The establishment of a sovereign and
independent state of Slovenia on the basis of the right to
self-determination is not an act against any political entity of
Yugoslavia or any other foreign political unit. Slovenia recognizes
the right to self-determination of the other republics, nations and
nationalities of Yugoslavia. Slovenia wishes to exercise its right to
sovereignty and to association with other sovereign states in a
peaceful manner by mutual agreement, through talks and dialogue, in
conformity with the standards of the international community, which
means that the future relationships on the territory of former
Yugoslavia should stand on democratic principles, without changing the
external and internal borders of Yugoslavia.
III.
The Republic of Slovenia as a sovereign and independent state
hereby proclaims:
- that the Constitution of the Social Federal
Republic of Yugoslavia is no longer in force on the territory of the
republic of Slovenia. The Republic of Slovenia is continuing with the
procedure of assuming actual rule on its territory. The procedure will
be carried out gradually and in agreement with the other republics of
former Yugoslavia, without encroaching on the right of other
republics;
- that it is prepared to continue negotiations regarding
the possible forms of association with the states which will be
constituted on the territory of former Yugoslavia. On the basis of
mutual recognition, the Republic of Slovenia is prepared immediately
to initiate talks in order to reach an agreement on an association of
sovereign states on the territory of former Yugoslavia. Within this
association, the member states would be free to pursue their joint
economic, political, international and other interests. The reaching
of such an agreement, or at least a joint declaration of the desire to
reach such an agreement, would guarantee that the process of assuming
authority in the newly founded states and the process constituting an
association of these states would not cause undue conflict. On the
contrary, these processes would be mutually stimulating and would
facilitate the process of self- determination in all Yugoslav nations,
the right of Albanians in Kosovo and the development of democracy in
the alliance of sovereign states on the territory of former
Yugoslavia;
- in compliance with the decision of the Sabor of the republic of
Croatia, Slovenia recognizes the Republic of Croatia as a sovereign
state and an international legal entity.
The mandate of the Slovene
delegates to the Federal Chamber of the Assembly of the SFR Yugoslavia
and the delegations of the Republic of Slovenia to the Chambers of the
Republics and Provinces of the Assembly of the SFR of Yugoslavia is
terminated by the proclamation of the Declaration of Independence. The
Assembly of the Republic of Slovenia shall elect a new 12-member
delegation, which will be authorized to participate in negotiations
regarding the dissolution of Yugoslavia at the Assembly of former
Yugoslavia, in the solving of current issues during the transition
period and negotiations regarding the possible formation of an
association of sovereign states on the basis of approval by the
Assembly of the Republic of Slovenia. The Republic of Slovenia appeals
to the other Yugoslav republics to delegate such authority to their
respective delegations. The Assembly of the Republic of Slovenia also
expects the Federal Executive Council to participate in this process.
The Assembly of the Republic of Slovenia authorizes its present Member
of the Presidency of the SFR of Yugoslavia to represent the Republic
of Slovenia, in conformity with the guidelines of the Assembly of the
Republic of Slovenia, in the Presidency of the SFR of Yugoslavia. All
outstanding issues such as the status of the Yugoslav peopl's Army in
the Republic of Slovenia, competencies in the sphere of international
relations and the issue of the division of common property will be
dealt with in a special agreement jointly reached by the Republic of
Slovenia and the corresponding bodies of former Yugoslavia.
IV.
In its capacity as an international and legal entity, the Republic
of Slovenia pledges to:
- respect all the principles of international
law and, in the spirit of legal succession, the provisions of all
international contracts signed by Yugoslavia and which apply to the
territory of the Republic of Slovenia. In conformity with the
anticipated agreement on the assumption of the rights and obligations
of former Yugoslavia, the Republic of Slovenia will honour its share
of international financial obligations towards other states and
international organizations, and ensure the free flow of goods,
services and people across its borders, and also ensure the
uninterrupted flow of transport and communication on its territory;
- endeavour to gain the approval of the international community
regarding the proclamation of the sovereign and independent Republic
of the sovereign and independent Republic of Slovenia and to improve
economic, cultural, political, financial and other ties with the
international community. Furthermore, Slovenia seeks legal recognition
from all countries which respect democratic principles and the right
of all nations to self-determination. Slovenia also anticipates that
the international community will use its influence to contribute to
the shaping of the alliance of sovereign states on the territory of
former Yugoslavia and thus contribute to the bilateral and peaceful
implementation of the decision to create the sovereign and independent
state of the Republic of Slovenia.
V.
The Republic of Slovenia is a legal entity and a social state,
whose environment is suitable for market economy. Slovenia pledges to
observe human rights and civil liberties, the special rights of
autonomous nationalities, as well as the European achievements of
industrial democracy (above all socio-economic rights, the rights of
the employed to take part in decision-making processes and independent
unions), the inviolability of property and the freedom of association
in a civil society. Slovenia pledges to guarantee multiparty democracy
and local, or regional, self-rule. Slovenia guarantees that political
or other form of persuasion will not be used as a basis for
instigating inequality or discrimination of any kind. It further
pledges to solve all contentious internal and external issues in a
peaceful, non-violent manner and to strive to improve cooperation, on
an equal footing, with all nations and citizens of Europe where the
people, regions, nations and states are free and equal.
|
